The Security Camera Laws in Arizona: Everything You Need to Know

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Arizona is a state with a rich history and a bright future. The Grand Canyon State is home to some of the most beautiful landscapes in the country, and its capital city, Phoenix, is one of the fastest-growing metropolitan areas in the United States. With all of this growth comes an increased need for security. It’s important to know the security camera laws in Arizona surrounding their use before installing a system in your home or business.

What are the Security Camera Laws in Arizona?

Along with population growth in Arizona will likely result in a higher rate of property crime. With this in mind, many residents of Arizona have decided to install security cameras on their property. After all, security cameras can be a great deterrent to crime, and they can also help law enforcement catch criminals after the fact.

Arizona has a few laws that apply to security cameras and other surveillance devices.

Reasonable Expectation of Privacy Law in Arizona

In Arizona, it is a violation of the law to record someone without their knowledge or consent if that person has a reasonable expectation of privacy. This means that you cannot install a security camera in an area where someone would have a reasonable expectation of privacy, such as a bathroom, bedroom, or changing room.

Violating a person’s reasonable expectation of privacy by way of video recording is covered under two separate Arizona laws. One is Surreptitious Photographing and the other is Voyeurism. The main difference between the two is the element of “for sexual stimulation.”

Under A.R.S. 13-3019, Surreptitious Photographing is a felony offense to intentionally photograph, videotape, film, digitally record, or otherwise record another person in a private place without their consent.

A.R.S. 13-1424, makes Voyeurism a felony too and prohibits anyone from knowingly photographing, videotaping, filming, digitally recording, or otherwise recording another person in a private place without their consent and for the purposes of sexual stimulation.

It’s important to note that both of these laws require that the victim be in a private place. A private place is defined as a place where a reasonable person would expect to be safe from unauthorized intrusion or surveillance.

Public places are not included in this definition, which means that you’re generally free to video record anyone in a public place without their consent.

One-Party Consent Law in Arizona

Arizona is a one-party consent state when it comes to recording conversations – ARS 13-3005. This means that as long as you are a party to the conversation, you can record it without the consent of the other parties.

Security cameras are often used to record audio as well as video. This means you can legally record audio with your video cameras in Arizona as long as you are a party to the conversation. This means you must actually be a part of the conversation, not simply listening in.

If you plan to use your security camera footage for any purpose other than your own personal use, you should get the consent of all parties involved before you hit record.

Penalties for Breaking the Security Camera Laws in Arizona

The penalties for breaking the security camera laws in Arizona can vary depending on the specific law that was broken and the circumstances of the case.

For example, violating a person’s reasonable expectation of privacy by recording them in a private place without their consent is a class 6 felony in Arizona. This is the lowest level of felony in the state and is punishable by up to one year in prison.

However, if the person who was recorded was a child under the age of 15, the offense is classified as a class 5 felony. This is punishable by up to two years in prison.

Additionally, if the person who was recorded was a victim of domestic violence, sexual assault, or stalking, the offense is classified as a class 4 felony. This is punishable by up to three and a half years in prison.

Video voyeurism is also a felony in Arizona and is punishable by up to two years in prison.

Finally, it’s important to note that even if you don’t go to prison, you can still be fined up to $150,000 for breaking the security camera laws in Arizona.

As you can see, the penalties for breaking the security camera laws in Arizona can be quite severe. If you are convicted of a felony, you will also lose your right to vote and own a firearm.

Can I Install a Security Camera in My Arizona Home?

Generally speaking, you can legally install security cameras on your own property. However, you could possibly break the law if your cameras are recording audio or if they are pointed in an area where people would expect privacy.

Installing Cameras Inside Your Arizona Home

You can generally install security cameras inside your home without issue. However, you should avoid placing cameras in private areas like bedrooms and bathrooms. You should also be careful about recording audio, as this could violate the law.

If you have children, you should take extra care to ensure that your cameras are not recording audio. You should also avoid placing cameras in their bedrooms, bathrooms, or any other place where a person would expect privacy.

Installing Cameras Outside Your Arizona Home

You can generally install security cameras on the exterior of your home without issue. Just be sure you avoid facing your cameras toward areas where people would expect privacy, like a neighbor’s bedroom or bathroom window, or pointed in a way that would capture the interior when the front door is opened.

If you live in an apartment complex or other shared living space, you should check your lease agreement or HOA rules before installing security cameras. You may be restricted in where you can place your cameras or what type of cameras you can use.

Can I Install a Security Camera in My Arizona Business?

Yes, you can legally install security cameras in your Arizona business. However, you should take care to avoid placing cameras in private areas like restrooms or locker rooms. You should also be careful about recording audio, as this could violate the law.

If you have employees, you should have a written policy in place that states that security cameras are in use. This policy should explain where the cameras are located and what they are being used for.

You should also post signs in your business that state that security cameras are in use. These signs should be placed in conspicuous areas so that everyone is aware of the cameras.

How to File a Complaint if Someone is Violating the Security Camera Laws in Arizona

You can file a complaint with the Attorney General’s Office if you believe someone is violating security camera laws in Arizona. If the allegation is criminal, local law enforcement can also look into starting an investigation.

You’ll need to provide evidence of the violation, so be sure to take pictures or video of the offending security camera.

Where to File a Complaint:

You can file a complaint online or by mail.

Arizona Attorney General’s Office

Consumer Protection Division

1275 West Washington Street

Phoenix, Arizona 85007

(602) 542-5763

Local Law Enforcement

If the violation is criminal in nature, you can also file a report with your local law enforcement agency. They may investigate and potentially file charges against the offender.

What Happens After I File a Complaint?

After you file a complaint, the Attorney General’s Office will review it to determine if there is enough evidence to investigate. If they decide to investigate, they will try to resolve the issue informally. If that is not possible, they may take legal action against the offender.

When law enforcement investigates, they will look into the allegations and decide if there is enough evidence to file charges. If they decide to file charges, the offender may face a fine or incarceration.

What to Include in a Complaint

When you file a complaint, be sure to include:

• Your name, address, and phone number
• The name and contact information of the offender
• The location of the security camera
• A description of the violation
• Any evidence you have, like pictures or video
• Any other relevant information

Conclusion

Security cameras are an important part of home and business security, but it’s important to understand the laws surrounding their use in Arizona. In this article, we’ve outlined the basics of the security camera laws in Arizona to know when installing and using camera systems. If you have any questions or need more information, be sure to contact the Attorney General’s Office or your local law enforcement agency.

Security Camera Laws in Other States

The Security Camera Laws in Alaska

The Security Camera Laws in Alabama

The Security Camera Laws in Florida

FAQs

Can my neighbor record me on my property in Arizona?

Your neighbor can record you on your property, but not under all circumstances. Your neighbor may lawfully install security cameras on their property and point them toward your home. However, in places where you have a reasonable expectation of privacy, your neighbor does not have the right to record you or anyone else without your consent.

Can I sue someone for recording me without my permission in Arizona?

Yes, you can sue someone for recording you without your permission in Arizona. If the recording is made in a place where you have a reasonable expectation of privacy and is done without your consent, you may be able to sue for invasion of privacy.

Are hidden cameras legal in Arizona?

Hidden cameras are generally legal in Arizona under certain circumstances. You can install hidden cameras on your own property, but you generally cannot install them on another person’s property without their consent. You also may not use hidden cameras to record people in places where they have a reasonable expectation of privacy, like bathrooms or bedrooms.

*This article is for informational purposes only and is not legal advice. If you have any further legal questions, please contact your local law enforcement agency or an attorney.